MANISH CHOUDHURY
Manoj Devnath, S/o. Badal Debnath – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary Of Govt. Of Assam, Revenue Department – Respondent
JUDGMENT :
(Manish Choudhury, J.)
In this writ petition instituted under Article 226 of the Constitution of India, the petitioners, 20 [twenty] in nos., have joined together to assail a selection process undertaken inter-alia for selection of Gaon Pradhan for Lot/Village, 4 No. Pachim Sowaloni, Mouza – Lawkhowa, Samaguri Revenue Circle, District – Nagaon.
2. An Advertisement dated 05.09.2022 was published by the Office of the Deputy Commissioner, Nagaon inviting applications for filling up a nos. of vacant posts of Gaon Pradhan, in various villages under Nagaon Sadar Revenue Circle; Dhing Revenue Circle; Raha Revenue Circle, Kampur Revenue Circl; Samaguri Revenue Circle; Rupahi Revenue Circle; and Kaliabor Revenue Circle; in the district of Nagaon. One of the posts to be filled up by the said selection process was the post of Gaon Pradhan for Lot/Village, 4 No. Pachim Sowaloni, Mouza – Lawkhowa, Samaguri Revenue Circle, District – Nagaon.
3. It is the case of the petitioners that in response to the said Advertisement, the petitioner no. 1 and the respondent no. 7 along with others, submitted their candidatures by submitting applications. The last date of submission of applications was
The court ruled that a writ of quo warranto is not maintainable if the respondent is not holding a public office at the time of filing the petition.
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The Tribunal exceeded its jurisdiction by assessing candidates' qualifications instead of deferring to the Selection Committee's discretion, and the aggrieved candidate's failure to challenge the adv....
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